Exemptions from bidding requirements

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  1. (a) The following commodities may be purchased without soliciting bids:

    1. (1)

      1. (A) Commodities in instances of an unforeseen and unavoidable emergency.

      2. (B) Provided, no emergency purchase shall be approved by the superintendent unless a statement in writing shall be attached to the purchase order describing the emergency necessitating the purchase of the commodity without competitive bidding;

    2. (2) Commodities available only from the United States government;

    3. (3) Utility services, the rates for which are subject to regulation by a state agency or a federal regulatory agency;

    4. (4) With the exception of used school buses, used equipment and machinery; and

    5. (5) Commodities available only from a single source.

  2. (b) However, the purchasing official must determine in writing that it is not practicable to use other than the required or designated commodity or service, and a copy of this statement shall be attached to the purchase order.


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